Abdullah v. Plant City Police Department et al

Middle District of Florida, flmd-8:2016-cv-01182

ORDER granting {{7}} Motion for Reconsideration and granting Plaintiff leave to proceed in forma pauperis. Signed by Magistrate Judge Julie S. Sneed on 7/18/2016. (LBL)

Interested in this case?

Current View

Full Text

PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AL-RASHID MUHAMMAD ABDULLAH, Plaintiff, v. Case No: 8:16-cv-1182-T-27JSS PLANT CITY POLICE DEPARTMENT and FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Defendants. ___________________________________/ ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION THIS MATTER is before the Court on Plaintiff's Motion for Reconsideration ("Motion"). (Dkt. 7). Upon consideration of the Motion, Plaintiff's Affidavit of Indigency (Dkt. 5), and the Complaint (Dkt. 1), the Motion is granted and Plaintiff is granted leave to proceed in forma pauperis. Plaintiff filed an Affidavit of Indigency (Dkt. 5), which the Court construed as a motion for leave to proceed in forma pauperis. Upon review of the Affidavit, the Court denied Plaintiff's motion to proceed in forma pauperis because Plaintiff had sufficient funds to pay the required filing fee while still being able to provide for himself and his dependents. (Dkt. 6.) Specifically, the Court determined that Plaintiff had sufficient funds because he received $2,500.00 in gifts or inheritances and $2,500.00 from unspecified sources in the twelve months preceding his filing the Affidavit and Plaintiff's monthly obligations totaled only $390.00 per month. (Id.) After entry of the Court's order, Plaintiff filed the Motion, in which he requests that the Court reconsider its denial of his motion to proceed in forma pauperis. (Dkt. 7.) In the Motion, Plaintiff avers that he no longer has the vast majority of the $5,000.00 he received in the twelve PageID 50 months preceding his filing the Affidavit because he spent $4,529.34 on disputed, delinquent taxes. (Id. at ¶ 1.) Considering Plaintiff's averment in the Motion in conjunction with the Affidavit, Plaintiff has $470.66 remaining after payment of his disputed, delinquent taxes, plus $75.00 in a bank account. (Dkts. 5, 7.) Plaintiff is unemployed and has monthly expenses totaling $390.00 per month. (Dkt. 5.) In light of the foregoing, it appears that Plaintiff does not have assets sufficient to pay the required filing fee as well as provide necessities for himself and his two dependents. Accordingly, it is ORDERED: 1. Plaintiff's Motion for Reconsideration (Dkt. 7) is GRANTED. 2. Plaintiff is granted leave to proceed in forma pauperis. 3. Plaintiff is directed to complete and return the "Summons in a Civil Case" forms1 to the Clerk within twenty-one (21) days of this Order, whereupon the United States Marshal is directed to serve this summons on the appropriate parties. DONE and ORDERED in Tampa, Florida on July 18, 2016. Copies furnished to: Unrepresented Party 1 This form, listed as "Summons/Civil," can be found at the "Forms" section, "Civil" subsection, of this Court's website at http://www.flmd.uscourts.gov. If Plaintiff does not have access to the Internet to download this form, Plaintiff may obtain the form by contacting the Clerk's Office at 813-301-5400. -2-